Mississippi Ouachita & Red River R. R. v. Gaster
Supreme Court of Arkansas
Writ of Error to Drew Circuit, Court. Hon. John C. Murray, Circuit Judge. Plaintiff sues by her corporate name, given her by public law of the State, and of which our courts are bound to take notice. Angel 4* Ames on Corp. 632; Act of 22d January, 1855, sec. 3. The legal liability of the defendant arises from his taking the shares of stock, and is fixed by the act of incorporation, and a promise to pay is implied. Pierce on Am.
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Writ of Error to Drew Circuit, Court. Hon. John C. Murray, Circuit Judge. Plaintiff sues by her corporate name, given her by public law of the State, and of which our courts are bound to take notice. Angel 4* Ames on Corp. 632; Act of 22d January, 1855, sec. 3. The legal liability of the defendant arises from his taking the shares of stock, and is fixed by the act of incorporation, and a promise to pay is implied. Pierce on Am. R. R. Law, 63 note, GO, n. 4. The promise is laid as having been made to the plaintiff by the defendant: she exists — as the court is bound to know, and as the…
1Opinion of the CourtJustice Compton
This was an action of assumpsit to recover of the defendant in error, the amount of certain assessments due upon his shares in the capital stock of the plaintiff.
By act of the Legislature, which was declared to be a public law, the plaintiff was incorporated for the purpose of constructing a railroad, with the powers and privileges usually granted for such a purpose. Acts of 1854, ’5, p. 220. The declaration contains four counts. The Court sustained a demurrer to the first, second and third; whereupon, the plaintiff dismissed as to the fourth count, and brought error.
It is urged in argument…
2Cases cited2 opinions
- Gentry v. MaddenSupreme Court of Arkansas · 1840
- Cheetham v. LewisNew York Supreme Court · 1805
3Cited by8 opinions
- Grand Valley Irrigation Co. v. Fruita Improvement Co.Supreme Court of Colorado · 1906
- Clark v. ShockleySupreme Court of Arkansas · 1943
- Prussian National Insurance v. EisenhardtMichigan Supreme Court · 1908
- Joseph Holmes Fuel & Feed Co. v. Commercial National BankSupreme Court of Colorado · 1896
- Chaviers v. SimmonsSupreme Court of Arkansas · 1974
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